On Involuntary Dissolution' Proceedings Of Corporation Deadlock

Article 183 of the Corporation Law which was revised in October 2005 stipulates that stockholders can appeal a suit to dissolve their corporation when corporation deadlock. Such stipulation in the Corporation Law affirms the judicatory interposition when solving the corporation problem. Because such stipulation is only in principle and is without the operational criterion such as corresponding statues or judicatory explanations, and that mostly in judicatory practice, People's Courts accept such case for the first time and have no material prejudication to refer, there are inevitably blind areas in judgment. When stockholders appeal to dissolve their corporation, there is no any operational criterion in the aspect of involuntary dissolution proceedings such as confirming jurisdiction, subject qualifications, suitable defendants, remedy exhaustion, compromise before dissolution, stock transferring , dissolution judgment, management after dissolution, which makes adjudication differently in different People's Courts.This dissertation begins with discussing the reason of corporation deadlock and the jurisprudential and economic analysis on judicatory dissolution. Furthermore, it analyses the problems in the involuntary dissolution proceedings. Then, it designs a structure for the corporation's existing involuntary dissolution and liquidation. Finally, it rethinks profoundly the relevant legal system.